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Developer Agreement <br />Renner 4"' Addition <br />Page 4 <br />(02) Streets, as required by the City, including grading, graveling and stabilizing, <br />constructing permanent street surfacing with bituminous material, installing concrete curbs, <br />gutters and driveway approaches, and installing traffic control street signs as required the <br />City Engineer and installing street lights as required by the local utility (Street <br />Improvements) ; <br />(03) Storm sewers, as required by the City, including all necessary catch basin, ditches, <br />inlets, retention areas and other appurtenances (Storm Sewer Improvements) ; <br />(04) Temporary and permanent erosion and sediment control measures as required by <br />the approved Storm Water Pollution Prevention Plan (SWPPP Improvements). <br />(05) Survey Monuments -Durable iron survey monuments shall be set, pursuant to <br />Minnesota Statutes, Section 505.02, Subd. 1, within one (1) year after recording of the final <br />plat of the Subdivision. Developer shall provide in writing notice to the City a Surveyor's <br />certification that all monuments have been set. <br />(06) Mailboxes, in a style and location approved by the City of Elk River, shall be <br />provided prior to occupancy of any unit. <br />3.) Additional Regulatory Approvals - All additional regulatory approvals required for <br />construction of the Improvements or development of the Subdivision shall be obtained before <br />commencement of construction on the Improvements. Additional approvals may include but are <br />not limited to the Department of Health permits for the extension of water; Minnesota Pollution <br />Control Agency permits for the extension of sanitary sewer or cluster on-site treatment systems; <br />National Pollutant Discharge Elimination System permits for grading; Department of Natural <br />Resources permits for water appropriations; and/or Army Corps of Engineers permits for <br />construction of sedimentation ponds. <br />4.) Installation of Improvements -The following Improvements will be installed at Developer's <br />expense by Developer as hereinafter provided. <br />(01) Developer shall construct and install at Developers .sole expense all Improvements <br />necessary to fully complete the development the Subdivision, including those Improvements <br />identified in Exhibit D, attached hereto, except as may otherwise be set forth in this <br />Agreement. The installation of the Improvements shall be subject to review, approval, <br />inspection and authorization by the City and/or its consulting engineer, as provided in this <br />agreement. <br />(02) Deadline for Performance by Developer -Except as otherwise provided herein, <br />Developer agrees to complete all Improvements and perform all other acts as are required <br />by the Subdivision Ordinance, other applicable ordinances and the terms and conditions of <br />this agreement ,and resolution No. 08-42 and to do so on or before December 31, 2009. <br />(03) Approval of Contractor -The City reserves the right to approve any contractor <br />selected by the Developer. <br />(04) Construction Plans -The construction, installation, materials and equipment shall <br />be in accordance with plans and specifications approved by the City Engineer. Such plans <br />and specifications shall be based upon such engineering surveys, including soil borings and <br />material tests, determined to be necessary by the City Engineer. <br />C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\DEVELOPER AGREEMENT.doc <br />